Delaware Code Title 31 Sec. 503 – Eligibility for assistance; amount; method of payment
(a) Anti-fraud. — Assistance shall not be granted under this chapter to any person or family otherwise eligible for assistance under the categories described in § 505 of this title, having conveyed or transferred real or personal property of a value of $500 or more without fair consideration within 2 years preceding the date of application for assistance or subsequently while receiving assistance, or to any person who is an inmate of any public institution (except as a patient in a medical institution).
Terms Used In Delaware Code Title 31 Sec. 503
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Assistance: means assistance to or on behalf of eligible needy persons or eligible families to enable them to improve their standard of living, including money payments, child care, job training, education, other support services, medical or surgical care, dental care, nursing, burial, board and care in a private institution, adult foster care, rest residential facility for adults, public medical institution as a patient, or such other aid as may be deemed necessary. See Delaware Code Title 31 Sec. 502
- Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
- Dental care: means payment of all or part of the costs on behalf of an eligible recipient for preventive and restorative treatment which the Department of Health and Social Services authorizes by regulation. See Delaware Code Title 31 Sec. 502
- Dependent: A person dependent for support upon another.
- dollars: means lawful money of the United States. See Delaware Code Title 1 Sec. 302
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Medical assistance: means medical or dental care furnished on behalf of recipients who are eligible for assistance in any of the categories in § 505 of this title. See Delaware Code Title 31 Sec. 502
- Medical care: means payment of all or part of the costs on behalf of eligible recipients; provided, that such payments are within the limitations of the funds appropriated by the General Assembly and the United States Congress for this purpose, for:
- Month: means a calendar month, unless otherwise expressed. See Delaware Code Title 1 Sec. 302
- Personal property: All property that is not real property.
- Recipient: means any person or family to whom or for whom assistance is paid under this chapter. See Delaware Code Title 31 Sec. 502
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
- United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 1 Sec. 302
- Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302
(b) Medicaid. — (1) Medical assistance may be granted to medically and financially eligible persons in accordance with Titles IV-A, IV-E, XVI, and XIX of the Social Security Act (42 U.S.C. §§ 601 et seq., 1381 et seq., and 1396 et seq.), federally approved waivers of these sections of the act, and rules and regulations established by the Department of Health and Social Services. Eligibility for and payment of medical assistance must be determined under policies and regulations established by the Department of Health and Social Services. Eligibility standards, recipient copay, and provider reimbursement must be set in accordance with state and federal mandates, state and federal funding levels, approved waivers, and rules and regulations established by the Department. The amount of assistance in each case of medical care must not duplicate any other coverage or payment made or available for the costs of such health services and supplies. To the extent permitted by federal requirements, no annual or lifetime numerical limitations may be placed on physical therapy or chiropractic care visits that are for the purpose of treating back pain.
(2) a. Except as otherwise provided in paragraph (b)(2)b. of this section, the amount of assistance provided to an adult recipient for dental care must not exceed $1,000 per year.
b. The Department may establish a review process through which extra benefit dollars, not exceeding an additional $1,500 per adult recipient, may be authorized on an emergency basis for dental care treatments.
c. All payments for dental care treatments are subject to a $3.00 copay for adult recipients.
(3) The Department, Division of Medicaid and Medical Assistance shall seek approval from the Centers for Medicare and Medicaid Services, within the United States Department of Health and Human Services to extend Medicaid postpartum coverage to 12 months through the state plan amendment option created by the American Rescue Plan Act of 2021 [42 U.S.C. § 1396a(e)(16)].
(c) General assistance. — Eligibility for and the amount of general assistance granted to recipients shall be determined in accordance with rules and regulations made by the Department with due regard to the resources, income, necessary expenditures of the recipient, the limit of funds appropriated therefor and the legislative intent expressed in § 501 of this title.
(d) Temporary Assistance for Needy Families. — Eligibility for and the amount of assistance granted to families under Temporary Assistance for Needy Families shall be determined in accordance with rules and regulations made by the Department with due regard to the resources, income and necessary expenditures of Delaware families the limit of funds appropriated therefor, and the legislative intent expressed in § 501 of this title.
In order to receive assistance under this subsection, the parent, guardian or persons standing in loco parentis to a dependent child must have instituted suit for nonsupport in the Family Court or must cooperate with the Department of Health and Social Services for the purpose of instituting proceedings for nonsupport in Family Court on the behalf of such parent, guardian or person standing in loco parentis.
(e) Child care assistance. — Persons seeking employment who are in need of child care services in order to obtain employment, to retain employment, or to obtain training leading to employment are eligible to apply for child care assistance under the Child Care Subsidy Program. Such persons seeking employment are eligible to apply for child care assistance for a period not to exceed 90 consecutive days over the course of 1 year. Eligibility for and the amount of assistance granted to persons under Delaware’s Child Care Subsidy Program shall be determined in accordance with the rules and regulations made by the Department of Health and Social Services, Division of Social Services and Chapter 3 of this title.
(f) Form of payment. — Such monetary assistance, as shall be granted under this chapter, shall be paid to such needy person in the form of any method meeting the requirements of good accounting control and federal regulations and having the approval of the Secretary of the Finance Department. However, when monetary assistance is paid personally to a recipient, the recipient must have an identification card bearing the recipient’s picture. The identification card shall be provided by the State through its appropriate agency upon the request of any recipient at a cost not to exceed $ 2.00, except that any recipient who is 65 years of age or older, or has blindness or a disability shall not be required to pay any fee for an identification card.
During the month of January, the Department shall send a notice to recipients paid by the Department under this subsection in the form of:
(1) Any notice available from the Internal Revenue Service concerning the EIC, including but not limited to the notice of a possible federal tax refund due to the earned income credit; or
(2) A notice developed by the Department which shall include the maximum earned income credit and the maximum earnings to which such tax credit shall apply, as determined by the federal government.
37 Del. Laws, c. 85, § ?7; Code 1935, § ?1610; 41 Del. Laws, c. 124, § ?2; 45 Del. Laws, c. 96, § ?2; 46 Del. Laws, c. 79; 48 Del. Laws, c. 182, § ?2; 31 Del. C. 1953, § ?503; 50 Del. Laws, c. 278, § ?5; 50 Del. Laws, c. 477, §§ ?1, 2; 53 Del. Laws, c. 409, § ?2; 53 Del. Laws, c. 431, §§ ?1-4; 54 Del. Laws, c. 54; 54 Del. Laws, c. 257, §§ ?1-3; 54 Del. Laws, c. 359, § ?2; 55 Del. Laws, c. 312; 55 Del. Laws, c. 353; 55 Del. Laws, c. 367, §§ ?3-6; 56 Del. Laws, c. 330, §§ ?1, 2; 56 Del. Laws, c. 452; 57 Del. Laws, c. 72; 57 Del. Laws, c. 236; 57 Del. Laws, c. 248; 57 Del. Laws, c. 250, § ?1; 57 Del. Laws, c. 251; 57 Del. Laws, c. 345; 57 Del. Laws, c. 391; 57 Del. Laws, c. 491, §§ ?1, 2; 57 Del. Laws, c. 629, § ?1; 58 Del. Laws, c. 122; 58 Del. Laws, c. 165; 58 Del. Laws, c. 306, § ?5e; 58 Del. Laws, c. 341, § ?1; 59 Del. Laws, c. 164, § ?1; 59 Del. Laws, c. 394, § ?1; 62 Del. Laws, c. 130; 64 Del. Laws, c. 148, § ?1; 65 Del. Laws, c. 87, § ?127; 65 Del. Laws, c. 107, § ?1; 65 Del. Laws, c. 348, § ?145; 66 Del. Laws, c. 85, § ?178; 66 Del. Laws, c. 303, § ?205; 67 Del. Laws, c. 47, § ?158; 67 Del. Laws, c. 281, § ?123; 69 Del. Laws, c. 443, § ?3; 70 Del. Laws, c. 65, §§ ?11-14; 78 Del. Laws, c. 179, § ?325; 81 Del. Laws, c. 217, § 1; 81 Del. Laws, c. 367, § 2; 81 Del. Laws, c. 430, §§ ? 5, 7; 82 Del. Laws, c. 187, § 2; 82 Del. Laws, c. 290, § 2; 82 Del. Laws, c. 290, § 6; 83 Del. Laws, c. 363, § 1;